Rhone 2010

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U.S. Department of Transportation Federal Aviation Administration AUG - 6 2010 Specialist Norman Rhone, USA

Dear Mr. Rhone:

Office of the Chief Counsel 800 Independence Ave., S.W.

Washington, D.C. 20591 We are in receipt of your inquiry requesting clarification of whether you need six months of work experience in addition to your experience as a controller in the U.S. Army, before being eligible for employment at an air traffic control tower under 14 C.F.R. §65.39. By the clear language of the regulation, which I have quoted below, as an active duty member of the U.S. Army with at least 6 months experience as an air traffic controller, you meet the requirements for a facility rating under §65.39. The section reads as follows: §65.39 - Practical experience requirements: Facility rating - Each applicant for a facility rating at any air traffic control tower must have satisfactorily served- (a) As an air traffic control tower operator at that control tower without a facility rating for at least 6 months; or (b) As an air traffic control tower operator with a facility rating at a different control tower for at least 6 months before the date he applies for the rating. However, an applicant who is a member ofan Armed Force ofthe United States meets the requirements of this section {f he has satisfactorily served as an air traffic control tower operator for at least 6 months. (emphasis added) Therefore, as a member of the U.S. Army, on active duty, serving as an air traffic control tower operator for at least 6 months, you meet the experience requirements for a facility rating as specified by the rule.

We trust that the above responds to your concerns. If you need further assistance, please contact my staff at (202) 267-3072. This response was prepared by Neal O'Hara, and Attorney in the Regulations Division of the Office ofthe Chief Counsel.

Sincerely,

~p~::-';r/JAssistant Chief Counsel for Regulation, AGC-200